Not legal advice. This page explains Wisconsin's rental rules in plain English, for tenants and landlords alike. Your lease and facts matter, so for your own situation talk to one of the free services below.
The 21-Day Rule
The landlord must deliver or mail the deposit, minus allowed deductions, within 21 days after one of three dates:(Wis. Stat. 704.28)(ATCP 134.06)
| How the tenancy ended | The 21 days start |
|---|---|
| Tenant moved out on the lease end date | The date the rental agreement ends |
| Tenant moved out or was evicted before the end date | The date the rental agreement ends, or the date a new tenant's tenancy begins if the landlord rerents sooner |
| Tenant moved out or was evicted after the end date | The date the landlord learns the tenant has left, or has been removed by the sheriff |
- "Deliver" can include a courier or other agent of the landlord.(ATCP 134.06) A lease can also allow the deposit and its accounting to be handled electronically.(Wis. Stat. 704.10)
- If mail comes back because the tenant left no forwarding address, a landlord who otherwise followed the rule isn't in violation for that reason alone.(ATCP 134.06) DATCP tells tenants to give the landlord a new address.(DATCP)
- Prepaid rent of more than one month counts as security deposit, so the same 21-day rule applies to it.(ATCP 134.02)
The Written Statement
If the landlord keeps any part of the deposit, they must deliver or mail a written statement within the same 21 days. It has to describe each item of damage or other claim and the amount withheld for each.(ATCP 134.06) A landlord may not intentionally misstate or inflate a claim, including the cost of repairs.(ATCP 134.06)
What Can Be Withheld
Only amounts reasonably needed to pay for:(Wis. Stat. 704.28)
- Damage, waste or neglect by the tenant.
- Unpaid rent the tenant is legally responsible for. When a tenant leaves early, the landlord has to try to rerent, and rent from a new tenant reduces what the old one owes.(Wis. Stat. 704.29)
- Utility service the landlord provided that wasn't included in the rent, when the rental agreement makes the tenant pay for it.
- A government-owned utility's bill, such as city water, to the extent the landlord becomes liable for the tenant's nonpayment.
- Unpaid monthly municipal permit fees for a manufactured home, to the extent the landlord becomes liable for them.
- Anything in a signed nonstandard rental provision (below).
What Can't Be Withheld
- Normal wear and tear, or damage the tenant can't reasonably be held responsible for.(Wis. Stat. 704.28)
- Routine painting or carpet cleaning where there's no unusual damage from tenant abuse. Even if the lease makes the tenant pay for routine carpet cleaning, it can't come out of the deposit or be collected in advance.(ATCP 134.06)
- Damage from natural disasters or from strangers. A lease that makes the tenant liable for property damage caused by natural disasters, or by people other than the tenant and the tenant's guests, is void.(ATCP 134.08)
Nonstandard Rental Provisions
Deductions beyond the standard list are allowed only if they're in a separate document titled "NONSTANDARD RENTAL PROVISIONS." The landlord must point out each provision before the tenant signs the lease. A tenant's signature or initials next to a provision create a presumption that it was discussed and agreed to, which the tenant can try to rebut.(Wis. Stat. 704.28)(ATCP 134.06)
Protecting the Deposit
- At move-in, fill in the check-in sheet within 7 days and send it back.(Wis. Stat. 704.08) DATCP suggests photographing any damage and sending copies with it.(DATCP) The check-in sheet builder makes a printable sheet for every room.
- Ask for the last tenant's damage list. Tenants can ask, by the deadline in the landlord's notice, for the damage charged to the previous tenant's deposit. The landlord must provide it within 30 days of the request, or within 7 days after settling the previous tenant's deposit, whichever is later.(ATCP 134.06)
- At move-out, DATCP suggests asking for a walkthrough before the final checkout, photographing the unit as you leave it, and giving the landlord your new address.(DATCP)
If It Isn't Returned
- Ask the landlord in writing, with your forwarding address. The Tenant Resource Center offers mediation on deposit disputes for tenants and landlords.(City of Madison)
- File a complaint with DATCP, which enforces ATCP 134: (800) 422-7128.(DATCP)
- Small claims court handles money claims of $10,000 or less.(Wis. Stat. 799.01) Under the statute DATCP's rule is adopted under, a person who loses money from a violation can sue for twice the loss, plus costs and reasonable attorney fees.(ATCP 134 note)
For Landlords
- Before taking a deposit, give written notice of the tenant's check-in rights and the deadline, at least 7 days after the tenancy starts.(ATCP 134.06)
- Give a receipt for any deposit, unless it was paid by a check noting its purpose.(ATCP 134.03)
- Count the 21 days from the right date (above), and send the statement with the refund.
- Put any extra deductions in a separate NONSTANDARD RENTAL PROVISIONS document and go over each one before signing.(Wis. Stat. 704.28)
- Keep the previous tenant's deduction list. The next tenant can ask for it.(ATCP 134.06)
Free Help
- Tenant Resource Center, a Madison nonprofit with information for tenants and landlords.(Tenant Resource Center) Rental Rights Hotline: 608-257-0006. It also offers housing counseling for both sides and mediation for disputes such as security deposits and lease violations.(City of Madison)
- Legal Action of Wisconsin: apply for free legal help at (855) 947-2529. Its housing work covers evictions, housing conditions and security deposits.(Legal Action of Wisconsin)
- DATCP Consumer Protection, the state agency that enforces ATCP 134: (800) 422-7128 or DATCPHotline@wisconsin.gov. Its landlord-tenant guide is at LandlordTenant.wi.gov.(DATCP)
- City of Madison: Building Inspection takes housing code complaints at 608-266-4551,(City of Madison) and the Department of Civil Rights takes housing discrimination complaints at 608-266-4910.(City of Madison)
Questions
How long does a landlord have to return a security deposit in Wisconsin?
21 days. If the tenant moves out when the lease ends, the 21 days start on the lease end date. If the tenant leaves early, they start when the lease would have ended, or when a new tenant's tenancy begins if the unit is rerented sooner. If the tenant stays past the end, they start when the landlord learns the tenant has left.
Does the landlord have to itemize deductions?
Yes. Anything withheld must be listed in a written statement, delivered or mailed within the same 21 days, describing each item of damage or other claim and the amount withheld for it.
Can a landlord charge for carpet cleaning or painting?
Not out of the deposit when it's routine and there's no unusual damage. That's normal wear and tear. Even a lease clause making the tenant pay for routine carpet cleaning doesn't let the landlord deduct it from the deposit.
Is there a limit on how much a Wisconsin landlord can charge as a deposit?
Neither the statute nor DATCP's rule sets a dollar cap. Any prepaid rent beyond one month counts as part of the security deposit, and the same return rules apply to it.
What can a tenant do if the deposit isn't returned?
Start by asking the landlord in writing, and make sure the landlord has a forwarding address. A tenant can also file a complaint with DATCP, or sue in small claims court for claims up to $10,000. Under the state law DATCP's rule is adopted under, a person who loses money from a violation can recover twice the loss plus costs and reasonable attorney fees.